COURT WATCH

Lawyer allegedly falsified mom's name in suit pressing her ADA claim

Chico attorney Lynn Hubbard III has been a prolific filer of Americans with Disabilities Act lawsuits in Sacramento and throughout California. Now he faces sanctions in federal court in Southern California over a lawsuit he filed on behalf of his mother.

A federal magistrate judge ordered Hubbard be penalized for allegedly falsifying his mom's signature on two settlement agreements in the case – which he continued to litigate after she died.

Hubbard is challenging the order by U.S. Magistrate Judge William V. Gallo. It will be heard next month in federal court in San Diego.

In his June 13 order, Gallo determined that the signatures did not belong to Barbara Hubbard, and that her son and lawyer, Lynn Hubbard III, failed to tell the judge or the parties that she was already dead as the case was moving forward. Gallo was especially critical that Hubbard didn't inform opposing attorneys that the signature wasn't hers.

"I knew in elementary school that you don't sign someone else's name," said David Warren Peters, the attorney for one of the stores being sued over alleged ADA violations.

In fighting the sanctions, Hubbard argued in court papers that he had no legal duty to tell anyone about his mother's death during settlement talks. He claimed that he routinely got permission from clients to have someone else sign their names, documents say.

"The judge doesn't really understand the law," Hubbard told The Bee, promising to appeal if the decision is unfavorable.

Some settlement documents signed by "Barbara" were dated after her death. Hubbard said his mom told him shortly before dying in November 2009 to settle for whatever he could get and "give the money to Dad. That's exactly what I did."

Gallo found the conduct was "deceptive and punishable" and called for monetary sanctions. The magistrate judge said the conduct would be reported to the State Bar, and also referred to the court's Standing Committee on Discipline.

In the recent controversy, Hubbard sued more than 40 businesses in one San Diego area shopping center in July 2009 on his mother's behalf, claiming the shops discriminated against her by failing to follow ADA laws. His late mother used a wheelchair for mobility.

– Marjie Lundstrom

FIX THIS

Pedestrian safety gets upgrade at Del Paso Road interchange at Interstate 5

The problem: The city needed to improve pedestrian safety at the Del Paso Road interchange at Interstate 5 in North Natomas.

The solution: On Wednesday, the city of Sacramento completed 13 months of construction at the site, including new traffic signals at the freeway offramps.

The project widened the ramps and eliminated a high-speed right-turn lane at the northbound offramp.

Ramp meters also have been installed on the southbound onramps to control traffic entering I-5. The state Department of Transportation will determine when to activate them.

– Loretta Kalb

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